Willie O'Dea (Limerick East, Fianna Fail)

I take the point of the analogy the Senator seeks to make between the Bill and the Garda Síochána (Police Co-Operation) Bill. However, the fundamental difference between the two is that under the Garda Síochána (Police Co-Operation) Bill, members of the Police Service of Northern Ireland seconded here will, to all intents and purposes, become members of the Garda Síochána. They will be transferred here for a number of years, up to a maximum of three, and they will become members of the Garda Síochána and be subject to the same disciplinary provisions as members of the Garda Síochána operating here.

It is very different in the case of a joint investigation team. These people come to the country temporarily to assist in an investigation that mainly takes place here. I understand that, under the Garda Síochána (Police Co-Operation) Bill, for example, if a member of the Police Service of Northern Ireland is seconded to the Garda Síochána and is a member of that force, he or she can conduct an investigation in his or her own right. That will not be the case with this legislation. Local gardaí will remain in charge. Seconded members will not be allowed, under the provisions of this legislation, to conduct an investigation. They will merely be present in a support or advisory capacity.

The amendment deals with breaches of discipline concerning seconded members operating in the State, that is, team members from one or other of the member states involved in establishing the team operating in the State. It provides that, where such a breach of discipline takes place, the matter will be investigated by the Garda Commissioner. The amendment is similar to section 6 of the Garda Síochána (Police Co-Operation) Bill, which provides for procedures to deal with breaches of discipline by a member of the PSNI who is seconded to the Garda Síochána.

There is, however, a significant difference between members of the PSNI seconded to the Garda Síochána and members from other EU states seconded to joint teams operating in the State. A member of the PSNI assigned to the Garda Síochána becomes a member of the force and is treated as such in all respects, whereas a member of a foreign police force seconded to a joint team operating in the State remains in the employment of the foreign state which appointed him or her.

It was never envisaged that seconded members, whether police or customs officers, would operate under the direction and control of the Garda Commissioner in the same sense as members of the Garda Síochána. While they will be under the control and general superintendence of the Commissioner for the duration of the joint investigation, they will continue to be subject to their home authorities' disciplinary rules. If an alternative to this was to be contemplated, the agreement of all EU member states to a protocol on discipline would have to be secured.